Case Overviews

Harris v. Avery (1869)

Facts:

Harris called Avery a thief and confined him to a county jail. Avery’s petition alleged two causes of action: false imprisonment and slander. Harris demurred, stating that the two issues were improperly joined.

Issue:

Can two causes of action be joined in a single petition?

Rule:

A petition may unite several causes of action where they arise out of the same transaction.